Citation Nr: 21066667 Decision Date: 11/01/21 Archive Date: 11/01/21 DOCKET NO. 19-39 181 DATE: November 1, 2021 REMANDED Entitlement to service connection for degenerative joint disease of the left hip is remanded. Entitlement to service connection for degenerative joint disease of the right hip is remanded. Entitlement to service connection for a back disability, to include herniated and bulging discs of the back, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1969 to March 1972. In December 2020, the Board denied the Veteran's claims, which he appealed to the United States Court of Appeals for Veterans Claims ("CAVC" or "the Court"). In August 2021, the Court issued an order that partially vacated the Board's decision and remanded these claims for compliance with a Joint Motion for Remand (JMR). Specifically, the Court instructed the Board to obtain new nexus opinions for the Veteran's back and hip conditions because it found that the September 2020 VA nexus opinions obtain were insufficient for evaluation purposes due to their conclusory rationales. The matters are REMANDED for the following actions: 1. Obtain an addendum opinion to address the etiology of his back disability, to include herniated and bulging discs of the back. If a physical examination is necessary to answer the Board's questions, one should be scheduled. The examiner should specifically answer the following question: Is it at least as likely as not (50 percent or greater probability) that the Veteran's back disability began in or was otherwise caused by the Veteran's active military service, specifically as a result of repetitive trauma as an infantryman including crawling over rocks, jumping, and carrying a rucksack? A complete rationale for any opinion must be provided. A complete rationale is one with clear conclusions and supporting data, as well as a reasoned medical explanation connecting the two. In providing the requested opinions, the examiner should review the following: August 6, 2021 Joint Motion for Remand (JMR) (labeled CAVC decision in VBMS) for an explanation as to why a previous medical opinion was found to be inadequate. The examiner should explain the relevance, if any, of the evidence and arguments, including the Veteran's articles and research submitted in his October 19, 2020 VA 21-4138 Statement in Support of Claim. 2. Obtain an addendum opinion to address the etiology of his degenerative joint disease of his left and right hips. If a physical examination is necessary to answer the Board's questions, one should be scheduled. The examiner should specifically answer the following question: (a.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's degenerative joint disease of the left and right hip began in or was otherwise caused by the Veteran's active military service, specifically as a result of repetitive trauma as an infantryman including crawling over rocks, jumping, and carrying a rucksack? A complete rationale for any opinion must be provided. A complete rationale is one with clear conclusions and supporting data, as well as a reasoned medical explanation connecting the two. (Continued on the next page) In providing the requested opinions, the examiner should review the following: August 6, 2021 Joint Motion for Remand (JMR) (labeled CAVC decision in VBMS) for an explanation as to why a previous medical opinion was found to be inadequate. The examiner should explain the relevance, if any, of the evidence and arguments, including the Veteran's articles and research submitted in his October 19, 2020 VA 21-4138 Statement in Support of Claim. L. Chu Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jennifer M. Narvaez, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.